During the hearing of a suo motu case regarding dual nationality of civil servants and judges, Attorney General Khalid Jawed Khan said that as per the law, the NOC is issued by the federal government to government officers willing to join service in foreign lands. It is required for the NOC to be approved by the federal cabinet under government service rules, he added.

The attorney general presented the legal perspective after defence secretary retired Lt Gen Zamirul Hassan informed the court that it was the defence ministry which had granted NOC to the ex-chief of army staff after General Headquarters (GHQ) cleared him to accept the post of Commander of Islamic Military Counterterrorism Coalition in the Kingdom of Saudi Arabia.

Speaking about Lt Gen Ahmad Shuja Pasha, the secretary told the court that the former ISI director general has informed in his reply that he is currently unemployed.

After hearing all sides, a three-judge bench of the SC headed by Chief Justice of Pakistan (CJP) Mian Saqib Nisar ordered authorities that the matter of Sharif's appointment be placed before the federal cabinet for a regular approval (or disapproval).

"We have to proceed according to the law," the CJP said during the hearing, observing that the authority of the federal government is controlled by the cabinet. He said the matter at hand was of an urgent nature.

The hearing was adjourned till an unannounced date after the summer vacations as the attorney general and defence secretary sought time to refer the matter of NOC to the cabinet.

The court was earlier informed by the defence secretary that the process is underway to receive an undertaking from all members of the armed forces that they are not dual nationals.

At the last hearing of the case on Wednesday, the top court had wondered how former chiefs of the Pakistan Army and Inter-Services Intelligence could take up foreign jobs without completing the mandatory gap of two years after their retirement.

The court had also asked the defence secretary to furnish the NOCs issued by the government to Sharif and ISI chief Pasha for joining foreign jobs.

Concerns about the Saudi military alliance

The appointment of Raheel Sharif as the leader of the Saudi military alliance last year had sparked debate over how the move will impact Pakistan's foreign policy, and whether it was fully sanctioned by parliament.

The 41-nation armed coalition was initially proposed as a platform for security cooperation among Muslim countries and included provisions for training, equipment and troops, and the involvement of religious scholars for devising a counter-terrorism narrative.

Various quarters subsequently raised concerns about the nature of the alliance and how it may affect a pre-existing parliamentary resolution on Yemen passed unanimously by lawmakers calling for "neutrality in the conflict" in 2015.

The then-defence minister Khurram Dastagir had later informed the Senate that the alliance will not take part in "unrelated military operations".

Comments (41) Closed

Nawaz Sharif and Chaudhry Nisar wanted to sideline the general as soon as possible, so they pushed through his appointment without the necessary approvals.

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Nimbus

Aug 07, 2018 03:51pm

All the wrongs were done during the PMLN rule.

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Anti-Corruption_Pakistani

Aug 07, 2018 03:51pm

So Raheel Sharif did not receive NOC before travelling to Saudi Arabia - who is responsible for this mishap, PMLN or RS? What is the plenty for this, and will RS have it's consequences - let's wait and see, how this story progress in in the future!

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SHAHID SATTAR

Aug 07, 2018 04:03pm

How many of our generals have obtained jobs outside the country after retirement and did they obtain NOC's prior to their employments abroad should also be checked?

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Mohsin

Aug 07, 2018 04:04pm

Rules should be obeyed by all The Generals and the politicians!

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nazir

Aug 07, 2018 04:31pm

All power is with court. Now it is up to court to decide on the matter.

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Mirestan

Aug 07, 2018 04:33pm

Law should be same for evry citizen of Pakistan.

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Iftikhar Husain

Aug 07, 2018 04:36pm

It was a very controversial appointment.

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Maria enteparia onnuchoriu

Aug 07, 2018 04:49pm

Does any one follow the rules here.

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tariq

Aug 07, 2018 04:49pm

Proud of CJP and expect to do justice as he did in NS case

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Babu

Aug 07, 2018 05:51pm

Hard opening task for PTI and IK.

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Khan

Aug 07, 2018 06:02pm

This is purely a wrong time to address this case!

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Murtaza Mandviwala

Aug 07, 2018 06:09pm

Accountability should be across the board - PTI member

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Nazir Ahmed

Aug 07, 2018 06:42pm

Is this time to open these meaningless issues?

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MAK

Aug 07, 2018 07:13pm

If he retired, it is his life and actions that he is responsible for. As long as he maintains his army protocol and swearing, about not revealing any state secrets, he can go and work anywhere. If he is a full-time employee of another company or country, he should forfeit his army pension, which he can continue after his return to 'full retirement' status in Pakistan.

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Riaz Ahmad

Aug 07, 2018 07:49pm

Gen Retired followed the correct procedure, he sunmitted an application to the the relevent office of the defense ministery for NOC. It is the responibility of the defense ministery to follow the laid down rules and procedures before issuing the NOC. If the MOD issued the document with out cabinet's approval than how can SC or any one else blame the general.

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El Cid

Aug 07, 2018 09:05pm

Can CJP meet this test? Is he up to it?

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Zak

Aug 07, 2018 09:09pm

This is a prestigious posting and elevates Pakistani standing. Don't box it down in petty technicalities. See the larger global picture

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Ifima Khan

Aug 07, 2018 09:40pm

ISPR was confident when they said he got NOC.

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Mani

Aug 07, 2018 09:41pm

When will these double standards be dealt with?

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Zeeshan Ahmed

Aug 07, 2018 10:01pm

For an alliance that big, somehow they're nowhere to be seen.

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Aamir

Aug 07, 2018 10:11pm

Is the NOC required by retired officers (which RS was at the time)?

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Observer - Canada

Aug 07, 2018 10:44pm

It is not enough to give the public information that the law has been violated. Appropriate action(s) should be taken against those responsible for it. No one should be considered above law. No one!

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Faisal

Aug 07, 2018 11:54pm

someone is not telling the truth. whoever didn't complete the paperwork should face action.

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KK

Aug 08, 2018 12:16am

CJP test case now

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venki

Aug 08, 2018 12:29am

Many Pakistan youngsters see him as their role model. Its very unfortunate to hear these incidents. Such type of proxy approvals disrespect the constitution of Pakistan. Hope he corrects his mistake.

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Salman Zahid

Aug 08, 2018 05:33am

He retired and took a new job, get over it its called consulting

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Reza Mehmanparast

Aug 08, 2018 06:13am

How much salary Saudis are paying him?

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ali

Aug 08, 2018 08:06am

Our Army chief is working for other country? That should never be allowed in the first place.
I am surprised to know our Spy Chief Mr. Pasha also working for UAE just after retirement.
I really think Chief Justice ask Raheel and Pasha to come back and ensure no one with nation secret should ever work for other country.

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abuzar

Aug 08, 2018 10:07am

Why should new cabinet approve or disapprove.
Chief justice should take action for breaking Constitution,

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helping hands

Aug 08, 2018 10:36am

Bring him back, that's the simplest solution!

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sara

Aug 08, 2018 01:41pm

Gen Raheel shareef silently took the new job without considering the requirements of Pak Laws.This should not have been done by him.He should be treated as good as or as bad as a citizen of Pakistan should be if he had done the same.

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sara

Aug 08, 2018 01:42pm

@Azmeen He will do justice.

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Mysterylife

Aug 08, 2018 01:54pm

Rest assured, nothing's gonna happen on this one. We all know why. Some people/institution are beyond accountability.

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k k tiwari

Aug 08, 2018 02:24pm

it should not be a General rule to obtain NOC

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siddha62

Aug 08, 2018 04:23pm

Generals should not take any job outside the country; that should be a law of the land.

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Reza Mehmanparast

Aug 08, 2018 05:16pm

He was given NOC by Saudis. It does not matter if Pakistan gave or not.

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MONIER

Aug 08, 2018 08:29pm

Get the PML-N cronies who allowed this to happen

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Amir

Aug 09, 2018 06:06am

Sir what about other civil servants half of whom spouses are foreign national if I am not wrong.plz sir inform the nation about thepossible penulty.

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Faisal Rana

Aug 09, 2018 09:18am

Why is this being discovered now? Are there no checks and balances at all?